Vande Mataram – Indian National Song

The song was writen in mixed Sanskrit and Bengali language. वन्दे मातरम् सुजलां सुफलाम् – मलयजशीतलाम् शस्यश्यामलाम् -मातरम्।—1 शुभ्रज्योत्स्नापुलकितयामिनीम् फुल्लकुसुमितद्रुमदलशोभिनीम् सुहासिनीं सुमधुर भाषिणीम् सुखदां वरदां मातरम्।—-2 सप्त-कोटि-कण्ठ-कल-कल-निनाद-कराले द्विसप्त-कोटि-भुजैर्धृत-खरकरवाले, के बोले मा तुमी अबले […]

Passing Off

The High Court of Justice – Chancery Division, England, in Benchairs Ltd. Vs. Chair Centre Ltd.[1974 R.P.C. (14) 429 ], has given the essence of passing off and the same reads as […]

Birendra Prasad Sah Vs. State of Bihar & ANR – 08/05/19

Section 138 of the NI Act, 1881-Issuance of successive notices is permissible under the provisions of Section 138-Condonation of Delay-The CJM condoned the delay on the cause which was shown by the appellant and it is evident that the appellant had indicated sufficient cause for seeking condonation of the delay in the institution of the complaint. 

State represented by Inspector of Police, Central Bureau of Investigation Vs. M. Subrahmanyam – 07/05/19

Section 173(2)(5)(a), Cr.P.C- The failure to bring the authorisation on record, as observed, was more a matter of procedure, which is but a handmaid of justice. Substantive justice must always prevail over procedural or technical justice. To hold that failure to explain delay in a procedural matter would operate as res judicata will be a travesty of justice considering that the present is a matter relating to corruption in public life by holder of a public post. The rights of an accused are undoubtedly important, but so is the rule of law and societal interest in ensuring that an alleged offender be subjected to the laws of the land in the larger public interest. To put the rights of an accused at a higher pedestal and to make the rule of law and societal interest in prevention of crime, subservient to the same cannot be considered as dispensation of justice. A balance therefore has to be struck. A procedural lapse cannot be placed at par with what is or may be substantive violation of the law.

Sasikala Pushpa and Others Vs. State of Tamil Nadu – 07/05/19

Forging Vakalatnama-A Vakalatnama is only a document which authorizes an advocate to appear on behalf of the party and by and large, it has no bearing on the merits of the case. Before proceeding to make a complaint regarding commission of an offence referred to in Section 195(1)(b) Cr.P.C., the court must satisfy itself that “it is expedient in the interest of justice”. The language in Section 340 Cr.P.C. shows that such a course will be adopted only if the interest of justice requires and not in every case.

Ashoksinh Jayendrasinh Vs. State of Gujarat – 07/05/19

Section 302 IPC read with Section 34 IPC- Life imprisonment converted into acquittal by giving benefit of doubt-Supreme Court would be slow to interfere with the concurrent findings of the courts below. In an appeal under Article 136 of the Constitution of India, concurrent findings of fact cannot be interfered with unless shown to be perverse (vide Mahesh Dattatray Thirthkar v. State of Maharashtra (2009) 11 SCC 141). Where the appreciation of evidence is erroneous, the Supreme Court would certainly appreciate the evidence.

Tejaswini Gaud and Others Vs. Shekhar Jagdish Prasad Tewari and Others – 06/05/19

Custody of the Child given to the father – Writ of habeas corpus is a prerogative process for securing the liberty of the subject by affording an effective means of immediate release from an illegal or improper detention. The writ also extends its influence to restore the custody of a minor to his guardian when wrongfully deprived of it. The detention of a minor by a person who is not entitled to his legal custody is treated as equivalent to illegal detention for the purpose of granting writ, directing custody of the minor child.

Jiten K. Ajmera & ANR. Vs. M/s. Tejas Cooperative Housing Society – 06/05/19

Consumer Complaint – Additional evidence before State Consumer Commission – Section 107(1) (d) r.w. Rule 27 of Order XLI, CPC – Under Order XLI Rule 27, CPC a party can produce additional evidence at the appellate stage, if it establishes that notwithstanding the exercise of due diligence, such evidence was not within its knowledge, or could not even after the exercise of due diligence, be produced by it at the time when the decree appealed against was passed.

The tenfold acts of Lord Vishnu

वेदानुद्धरते जगन्निवहते भूगोलमुद्बिभ्रते दैत्यम् दारयते बलिम् छलयते क्षत्रक्षयम् कुर्‌वते। पौलस्त्यम् जयते हलम् कलयते कारुण्यमातन्वते म्लेच्छान्मूर्च्छयते दशाकृतिकृते कृष्णाय तुभ्यम् नमः॥ १-५ वेदान् उद्धरते जगत् निवहते भू गोलम् उद् बिभ्रते दैत्यम् दारयते बलिम् च्छलयते […]

Aditya Hridaya of Sage Agastya

ततो युद्धपरिश्रान्तं समरे चिन्तया स्थितम्‌ । रावणं चाग्रतो दृष्ट्वा युद्धाय समुपस्थितम्‌ ॥1॥ दैवतैश्च समागम्य द्रष्टुमभ्यागतो रणम्‌ । उपगम्याब्रवीद् राममगस्त्यो भगवांस्तदा ॥2॥ राम राम महाबाहो श्रृणु गुह्मं सनातनम्‌ । येन सर्वानरीन्‌ वत्स समरे […]

Current Issues

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India is as much a Hindu nation as England and America are Christian nations

India that is Bharat

A wrong argument: That by virtue of its majority being the deciding factor in a democracy, India is a Hindu nation.

The correction[ Mimamsa ]: We the people of India have descended from a common Hindu patriarchy and then we adopted multiple ways of prayer system for our salvation and peace. For the administration and management of the wealth pertain the Hindu Rastra(Nation), we commissioned a set of secular rule and judicial system in the country.

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Freedom of Speech in India and Crime of seditious libel

The Constitution of India contains no express declaration in favour of the freedom or liberty of the press, and the reason or one of the reasons for this omission may, I imagine, be that in no period in history and in no country in the world has the press been free, in the sense that the keeper of a press may print and publish any matter he chooses without thereby incurring any risk of punishment. The invention of printing led to the propagation and dissemination, on a far wider scale than had hitherto been possible, of ideas which were subversive of the existing order in Church and State. (more…)

Application of Law at the time of War

The Geneva Laws(Conventions)

Memorandum

The convention shall apply to all cases of declared war or of any other armed conflict which may arise between two or more of the High Contracting Parties, even if the state of war is not recognized by one of them. The Convention shall also apply to all cases of partial or total occupation of the territory of a High Contracting Party, even if the said occupation meets with no armed resistance.

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